The opinion of the court was delivered by: Stiehl, District Judge:
Plaintiff, Stove, Furnace and Allied Appliance Workers'
International Union, Local 185, AFL-CIO (Union), filed a Petition
for a Temporary Restraining Order and Injunctive Relief in state
court to adjoin and restrain defendant, Weyerhaeuser Paper
Company (Weyerhaeuser), from implementing its alcohol and drug
testing plan at its Belleville, Illinois plant until a pending
arbitration proceeding had been completed. After a TRO was issued
by state court, the matter was removed to this Court by
Weyerhaeuser under 28 U.S.C. § 1331 and 1441.
Union contends that adoption by Weyerhaeuser of the alcohol and
drug awareness program is a violation of the parties collective
bargaining agreement, and that its members will be irreparably
harmed if this Court does not issue its preliminary injunction
enjoining and restraining Weyerhaeuser from implementing its
alcohol and drug awareness policy pending final arbitration.
Union concedes that it has an adequate remedy through arbitration
if one of its members is suspended or fired, but contends that
the testing required by the policy under certain circumstances
would constitute an "invasion of privacy," and could result in a
"black mark" on the personnel records of its members, and that
for these harms there is no adequate remedy.
Union is a voluntary unincorporated association recognized by
the National Labor Relations Board as the exclusive bargaining
representative of certain hourly employees at Weyerhaeuser's
Belleville, Illinois Shipping Container Plant. Weyerhaeuser is a
corporation having its principal place of business at Tacoma,
Washington. Union and Weyerhaeuser entered into a collective
bargaining agreement dated June 20, 1986 for the employment of
Union's members at Weyerhaeuser's Belleville plant.
Weyerhaeuser is an employer engaged in commerce, and the Union
represents employees engaged in commerce, all within the meaning
of the National Labor Relations Act, 29 U.S.C. § 152(2), (3),
(6) and (7).
The parties collective bargaining agreement of June 20, 1986,
contains a provision for the resolution of grievances consisting
of three in-plant steps, and culminating in binding arbitration
as a fourth and final step.
In January, 1986, Weyerhaeuser advised Union that it intended
to formulate and adopt an "alcohol and drug awareness program,"
and that on a number of occasions over the ensuing eight months
invited Union to designate two of its members to serve on the
committee formulating the plan. This committee was composed of
five management representatives, two hourly employees who were
members of the Union, but had not been selected by Union, and was
planned to include also the two Union designees. Union wholly
refused to participate.
Union and Weyerhaeuser engaged in collective bargaining during
the months of May and June, 1986, culminating in the agreement of
June 20, 1986. Neither side at any time during this process
brought up the question of the alcohol and drug awareness policy
or program, although both sides were obviously aware that it was
an on-going plan of Weyerhaeuser.
Weyerhaeuser presented its draft alcohol and drug testing
awareness program to Union on August 29, 1986, and again asked
Union to participate with representation on the committee, and to
review the draft, and make any suggestions it might have for
changes. By letter dated September 5, Union formally declined to
On September 30th, Weyerhaeuser presented to Union its final
written draft of the policy with a proposed implementation date
of November 1st. Union then filed its initial grievance under the
collective bargaining agreement on October 2, and Union filed an
unfair labor practice charge with the National Labor Relations
Board on October 10, 1986. Weyerhaeuser advanced its
implementation date to October 15th, and on that date Union
obtained its TRO in state court.
Shop rules presently in effect at Weyerhaeuser's Belleville
plant permit discipline of employees, including discharge, ...